This document is an excerpt from the EUR-Lex website
Document 62023TO0266
Order of the General Court (Sixth Chamber) of 25 January 2024.
Puma SE v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark puma soundproofing – Earlier EU figurative mark PUMA – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law.
Case T-266/23.
Order of the General Court (Sixth Chamber) of 25 January 2024.
Puma SE v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark puma soundproofing – Earlier EU figurative mark PUMA – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law.
Case T-266/23.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2024:38
Order of the General Court (Sixth Chamber) of 25 January 2024 –
Puma v EUIPO – Puma (puma soundproofing)
(Case T‑266/23) ( 1 )
(EU trade mark – Opposition proceedings – Application for the EU figurative mark puma soundproofing – Earlier EU figurative mark PUMA – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)
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1. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark – Detriment to the distinctive character or repute of the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 18-20) |
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2. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 31, 32, 36, 37, 45, 51, 55, 56) |
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3. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Figurative marks puma soundproofing and PUMA (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 44, 47-50, 52, 57-59) |
Operative part
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1. |
The action is dismissed. |
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2. |
Puma SE shall bear its own costs and pay those incurred by Puma Srl. |
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3. |
The European Union Intellectual Property Office (EUIPO) shall bear its own costs. |
( 1 ) OJ C 252, 17.7.2023.